California, United States of America
The following excerpt is from People v. Lohbauer, 107 Cal.App.3d 204, 165 Cal.Rptr. 436 (Cal. App. 1980):
In the case before us, it is also of significance that, since the incident allegedly occurred on September 15, 1978, prosecution for violation of Penal Code section 602.5 (a misdemeanor) is barred by the one-year statute of limitations set forth in Penal Code section 801. (See People v. Tatem, supra, 62 Cal.App.3d at pp. 658-659, 133 Cal.Rptr. 265.)
The conclusion is thus inescapable that future prosecution of the defendant in the case at bench for a violation of Penal Code section 602.5 predicated on the same incident referred to in the information is barred. 2 (People v. Tatem, supra, 62 Cal.App.3d 655, 133 Cal.Rptr. 265; Kellett v. Superior Court, supra, 63 Cal.2d 822, 48 Cal.Rptr. 366, 409 P.2d 206.)
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